Zapatero, a tus zapatos - I like that!! In English, it's "stick to your knitting" 



To follow up on this, during the public forum on DNS abuse in Montreal, sentiment was clearly in favor of registraro, a tus registration, if I may butcher your language. We had the usual IPR and LEA interests talking about victims, but their position was based on the premise that if the domain name registries and registrars didn't do anything, then nothing would happen to counter this clearly illegal behavior such as child porn and copyright infringement, which is clearly not the case.





Dr. Milton L Mueller

School of Public Policy 

Georgia Institute of Technology





-----Original Message-----

From: Enrique Chaparro <[log in to unmask]> 

Sent: Thursday, November 7, 2019 3:59 PM

To: Mueller, Milton L <[log in to unmask]>

Cc: NCSG-Discuss <[log in to unmask]>

Subject: Re: FW: DNS Blocking



Thanks, Milton, for bringing this issue to our attention.

I agree — we should be concerned about this issue, and definitely Richard raises two very reasonable objections that I share )both personally and on behalf of my organisation).

But let me take the issue into further step: registries and registrars should _never_ act as judge, jury and executioner, particularly in matters that belong to the realm of the rule of law. As disgusting as sexual exploitation of children may be, definition of what constitutes "chilldren sexual abuse materials" falls into a gray zone because of dissimilar national laws and even a wide spectrum of case law. Is Balthus' 'The guitar lesson' CSAM? Some people will say "yes", some people will say "no", but in any case it is nor a matter for a private entity resolving IP addresses into domain names to decide.

'Human trafficking' is well defined in the Palermo Protocol and many States around the world have adopted such definition.¹ Is a registry or a registrar endowed with the abilities to identify those well defined crimes, and the authority to do so? Would they act on a "just in case" basis, with the risk of censoring legitimate speech?



There's an expression in my mother tongue (Spanish) that probably has en English equivalent I don't know: "Zapatero, a tus zapatos" → 'Shoemaker, to your shoes'. That's exactly what I think registries and registrars should do: humankind has not spent centuries, blood and lives to create a fair judicial system to put it all in the hands of private corporations.





Regards from the Far South







:::

Note:

¹ Article 3:

[...]



(a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;



(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;



(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in subparagraph (a) of this article;





--

Enrique A. Chaparro

Fundación Vía Libre

https://vialibre.org.ar [log in to unmask]